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Loud Noise Common in Military

“Noise-induced hearing loss is a major preventable disease.” You can suffer hearing loss from “an acute exposure to an intense impulse of sound or by a continuous steady-state long-term exposure with sound pressure levels higher than 75–85 dB.” ⁽¹⁾

When you serve in our military, loud noise is commonplace. However, the protective gear you are provided with should work properly, for all the duties you are expected to perform. This includes training exercises and active service.

Military Hearing Loss Stats

“Noise induced hearing loss and tinnitus remain the second most prevalent service-connected disabilities.” This prevalence of both hearing loss and tinnitus is greater among military personnel than it is among the general population. ⁽²⁾

“As of fiscal year 2020, more than 1.3 million Veterans were receiving disability compensation for hearing loss, and more than 2.3 million received compensation for tinnitus.” ⁽³⁾

The two most common service-related disabilities for U.S. veterans at the end of one fiscal year were, as usual, tinnitus and hearing loss. Tinnitus affected 9.7%, or 115,638 veterans. Hearing loss affected 5.8%, or 69,326 veterans. ⁽⁴⁾

What Is Considered Good Hearing in the Military?

Anyone wishing to enter the military must pass a hearing test. You don’t need exceptional hearing, but you do need to be able to perceive sounds without the use of special devices. ⁽⁵⁾

Current standards for all military branches require: ⁽⁶⁾

• “A hearing threshold level in either ear of greater than a pure tone of 500, 1,000, and 2,000 cycles per second for each ear of not more than 30 decibels with no individual level of greater than 35 dB at those frequencies.”
• “The test measures your hearing levels at 500, 1,000, 2,000, 3,000, and 4,000 cycles per second at varying decibel levels.”

The government averages the decibel levels and provides you with a score on the exam: ⁽⁷⁾

• Normal Hearing: 0-20 dB.
• Mild Hearing Loss: 20-40 dB.
• Moderate Hearing Loss: 40-60 dB.
• Severe Hearing Loss: 60-80 dB.
• Profound Hearing Loss: Greater than 80 dB.

“The military accepts anyone that falls in or below moderate hearing loss with a threshold of 60 dB.” ⁽⁸⁾

Why Is Good Hearing So Important in the Military?

In the military, being able to hear is critical. Soldiers need to be able to speak and be understood for everyone’s safety. Any hearing loss brought about from excessive noise significantly affects a soldier’s actions and choices in combat. ⁽⁹⁾

“Hearing acuity is a key component of a soldier’s effectiveness in the battlefield.” Tinnitus and hearing loss can “significantly impair a soldier’s ability to hear important acoustic cues or communication signals” from members of their own unit or enemy forces. ⁽¹⁰⁾

Military personnel are regularly exposed to high noise levels. And you don’t have the option of walking away from noisy environments. You are expected to complete specific tasks and missions whether those tasks are noisy or not. Quality hearing protection devices, along with follow-up audiological tests, are all you have to prevent significant, life-long noise-induced hearing loss. ⁽¹¹⁾

Preventing Military Hearing Loss

The Department of Defense’s Hearing Center of Excellence is striving to “prevent hearing loss among Warriors and Service members, and Veterans.” One of its aims is to have “tools in place to monitor the effectiveness of prevention and treatment measures.” ⁽¹²⁾

They offer these tips for hearing loss prevention: ⁽¹³⁾

• Know the noise levels and wear appropriate protection devices in environments where noise is 85 dB or higher.
• Use products and devices with limited noise output whenever possible.
• Reduce your exposure to noise.
• Give your ears a rest.

The best way to avoid developing noise-induced hearing loss is to wear protective devices that function appropriately, such as earplugs, since you cannot always stay away from environments exceeding 80 to 85 decibels. ⁽¹⁴⁾

What Causes Military Hearing Loss?

“Experts estimate that noise levels above 105 decibels can damage hearing, if endured for more than 15 minutes each week. Keep in mind that even noise levels between 85 and 90 decibels can cause permanent damage with extended exposure.” ⁽¹⁵⁾

Hearing loss can occur after just one single loud blast. “The louder the sound, the shorter the amount of time it takes for hearing loss to occur.” The longer you are exposed, the greater the risk you face of sustaining hearing loss. ⁽¹⁶⁾

Rifles, pistols, shotguns, hand grenades, and light anti-tank weapons all produce high levels of noise: above 151 peak sound pressure level range (dB). ⁽¹⁷⁾

Types of Military-Related Hearing Problems

Out of the approximately 18 million veterans in the United States in 2018, 25% had a service-connected disability. Hearing loss and tinnitus are two of the most common service-connected disabilities. ⁽¹⁸⁾

Tinnitus is often described as a ringing in the ears. Some people experience it more as a roaring, clicking, hissing, or buzzing. ⁽¹⁹⁾

Hearing Damage Can be Permanent

Acoustic trauma can occur when you are exposed to a high-level, short duration of noise louder than 140 dB. Acoustic noise physically damages delicate tissues and cells inside your ear, including your sensory cells. The maximum sound pressure level (SPL) matters more than how long you were exposed. You can suffer immediate and permanent hearing loss. ⁽²⁰⁾

“Long term exposure to low level noise damages the cochlea metabolically rather than mechanically,” or physically. Intensity of sound plays a major role in hearing damage. ⁽²¹⁾

Time between noise exposure also plays a role in how your hearing is damaged. “Outer hair cells immediately start dying during the initial acoustic insult and continue to do so for at least 30 days” afterwards. ⁽²²⁾

If you are exposed to intense sound, your auditory thresholds could become elevated permanently. The damage you experienced can be irreversible. ⁽²³⁾

Symptoms and Signs

These signs or symptoms may indicate you have noise-induced hearing loss or tinnitus: ⁽²⁴⁾

• Speech and other sounds seem muffled.
• You have problems hearing high-pitched sounds like birds or telephones.
• You have trouble understanding conversations when you are somewhere noisy, like a restaurant.
• You have difficulty understanding speech over the phone.
• You find yourself asking people to speak more slowly, clearly, or loudly, or to repeat what they just said.
• You need to turn up the volume of your radio or television.
• You experience ringing in your ears.
• You find certain sounds painful to listen to because your hearing is hypersensitive.
• You struggle to hear certain speech consonants and telling them apart, for example, s and f, p and t, or sh and th.

Testing for Hearing Loss

If you think you have suffered noise-induced hearing loss because of your service in the military, you may seek help from an audiologist. An audiologist may conduct these types of tests: ⁽²⁵⁾

• Otoscopy.
• Acoustic immittance procedures — including tympanometry, static immittance, and acoustic reflex measures.
• Otoacoustic emissions (OAEs) screening.
• Pure-tone audiometry (air conduction, bone conduction).
• Speech audiometry in quiet and in noise (for example, speech thresholds, word recognition measures, speech-in-noise [SIN] tests).
• Auditory brainstem response (ABR) and threshold estimation.

Hearing Loss Treatment Options

Often, tinnitus can’t be cured. Your doctor may suggest treatments to help make your symptoms less bothersome. Certain kinds of electronic devices may help suppress the noise you experience inside your ears: ⁽²⁶⁾

• White noise machines — These devices produce sounds like static, ocean waves, or falling rain. The white noise from other devices such as fans and air conditioners may also help lessen the annoyance of tinnitus.
• Masking devices — You wear these devices in your ear. They produce a continuous, low-level white noise intended to alleviate your tinnitus symptoms.

In most cases of noise-induced hearing loss, the only option is hearing aids. If your hearing loss worsens over time, your doctor may recommend a cochlear implant. ⁽²⁷⁾

Military Hearing Loss Lawsuits

If you served in any branch of the military and now have to live with hearing loss or ringing in your ears, you may be eligible to participate in Weitz & Luxenberg’s 3M Dual-Ended Combat Arms earplugs lawsuits.

The 3M Dual-Ended Combat Arms earplugs you were issued were supposed to provide two levels of hearing protection, depending on the setting you used. “Closed” was supposed to protect you from all loud sounds. “Open” was supposed to allow for limited ambient hearing.

We have since learned these earplugs were too short and could not be inserted properly in the ear canal. The seal protecting your ears could break. You could have been subjected to dangerous noise levels.

We are filing lawsuits on behalf of injured clients. So far, law firms have won several cases, including punitive damages, for their clients. More suits are scheduled to go to trial later in 2022.

How Can W&L Help?

Weitz & Luxenberg is currently accepting cases involving military personnel and veterans suffering from hearing loss or constant ringing in your ears. The injuries happened because you used defective 3M Dual-Ended Combat Arms earplugs during your military service between 2003 and 2015.

Our dedicated team of attorneys has decades of experience representing clients harmed by defective products. As a national personal injury law firm, our attorneys have secured billions of dollars in settlements and verdicts on behalf of our clients.

Our successes include:

• $1 billion+ settlement — W&L helped reach a settlement for failed Stryker’s Rejuvenate and ABGII modular hip implants on behalf of our clients who needed to undergo hip revision surgery.
• $2.5 billion settlement — W&L helped achieve a settlement for failed DePuy hip implants on behalf of thousands of patients who needed these implants removed and surgically replaced.

Dangers of Left-Hand Turns

“Left turns are considered one of the most dangerous maneuvers that a driver can make. Every year, there are millions of car accidents occur as a result of left turns,” ⁽¹⁾ A National Highway Traffic Safety Administration (NHTSA) report — the most recent data available — found crossing-path crashes occur 53.1% of the time, either during or immediately after making a left turn. ⁽²⁾

Another NHTSA report of intersection car crashes reveals in 22.2% of those crashes the critical event making the crash imminent was a left-hand turn. ⁽³⁾

For cities like New York City (NYC), left-hand turns can be especially hazardous for pedestrians and bicyclists. A study in New York found left-hand turns were over three times as likely to injure or kill pedestrians or bicyclists as right-hand turns. ⁽⁴⁾

NYC Left Turn Facts

A NYC Department of Transportation (DOT) study on pedestrian and bicyclist crashes involving left turns finds, “Between 2010 and 2014, 108 pedestrians and bicyclists were killed by left turning vehicles.” ⁽⁵⁾

The study also notes: ⁽⁶⁾

• Passenger vehicles were involved in 80% of crashes killing or seriously injuring pedestrians and bicyclists.
• Seniors had a higher risk of serious injury or death from left turn accidents.
• Left turn injuries occurred at 18% of total NYC intersections.
• One-way streets were involved in 70% of injuries.
• There was a signalized approach at 80% of crash locations.

Such statistics indicate why left-hand turn accidents have gained a lot of attention from federal, state, and local governments. These agencies are seeking to reduce the number of injuries and deaths associated with left-hand turns.

A left turn involves a driver crossing multiple lanes of traffic. Not only are other vehicles at risk, but also pedestrians and cyclists as well. Understanding the factors contributing to these types of accidents can prove helpful.

Causes of Left-Hand Turn Accidents

Factors contributing to left-hand turn accidents include:

• False assumptions of other’s action — NHTSA data cites this critical driver error in intersection-related crashes as responsible for 8.4% of total left turn crashes. NHTSA also says in intersection crashes an “illegal maneuver” and a “false assumption of other’s action” are four times more likely to be critical reasons than in non-intersection crashes. ⁽⁷⁾
• Illegal maneuvering — This decision error is cited by NHTSA in 6.8% of intersection-related crashes involving left turns. Such an error can occur at intersections controlled by traffic signals while “crossing over.” ⁽⁸⁾
• Inattention — NHTSA cites this in 3.4% of intersection-related crashes involving left turns. In crashes at intersections with traffic control devices (signals) the occurrence was partially attributed to “inattention” by drivers. ⁽⁹⁾
• Misjudgment of gap or other’s speed — A NYC DOT study finds, “The larger possible turning radii and longer distance before the turn encourages drivers to take left turns at higher speeds than right turns.” With respect to left turns, the report continues, “The motorist must find the gaps in oncoming traffic in multiple streams (one or more lanes and the crosswalk) with those streams all having different moving speeds.” ⁽¹⁰⁾
• Turns with obstructed view — A vehicle’s frame between the windshield and the driver’s side window creates a blind spot for the driver. “This blind spot can track with crossing pedestrians, dramatically obscuring the driver’s view as compared to right turns.” ⁽¹¹⁾

As is the case with all vehicle accidents, left-hand turn accidents pose the grave potential for severe injuries and fatalities.

Motor Vehicle Accident Injuries

All accidents involving motor vehicles can result in life-threatening injuries or death. Your position in a vehicle at the time of an accident partially determines your injuries. Your injuries are also affected by the proper use — or lack of use — of restraints (seat belts). ⁽¹²⁾

Serious potential injuries include:

• Broken bones, fractures — Knee and hip fractures and dislocations occur when the body moves in a “down and under path” during an accident. The same movement can result in pelvic fractures when the impact of the crash causes the femur to strike the dashboard “ramming the bone into and through the acetabulum… as well as posterior dislocation.” ⁽¹³⁾
• Death — There were 44,762 deaths from motor vehicle crashes across the U.S. in 2023 says the National Safety Council. Of those, 43.4% involved crashes with other vehicles, 25.7% involved fixed or other objects, 20.3% involved pedestrians, and 3.1% involved pedalcycles. ⁽¹⁴⁾
• Lacerations — These are skin wounds where none of the skin is missing. “Lacerations tend to be caused by blunt trauma,” says Johns Hopkins Medicine. ⁽¹⁵⁾ Like all wounds, infection from bacteria increases the seriousness of the wound. Deep lacerations may involve muscles, tendons, or nerves. Cleaning, debridement, and stitches may be required. ⁽¹⁶⁾
• Spinal injuries —The severity of spinal injuries can vary, says the Mayo Clinic. Loss of all feeling and ability to control movement is called “complete.” Retention of some feeling and movement function is called “incomplete.” ⁽¹⁷⁾
• Traumatic brain injury (TBI) — The Centers for Disease Control and Prevention (CDC) reports 5-year outcomes for people suffering from moderate to severe TBIs as: 22% die, 30% become worse, 22% stay the same, and 26% improve. ⁽¹⁸⁾
• Whiplash and neck injuries — Johns Hopkins Medicine says whiplash is caused “by your neck bending forcibly forward and then backward, or vice versa.” Whiplash is typically diagnosed by X-ray, magnetic resonance imaging (MRI) or a computed tomography (CT) scan. ⁽¹⁹⁾

All of these injuries can result in painful recovery, lost wages, and high medical bills, if not death. Your best chance to recover the costs could be a lawsuit. Key to a successful lawsuit in a left-hand turn accident case, where there have been serious injuries, is determining legal responsibility or liability. ⁽²⁰⁾

Determining Liability

Most left-hand turn accidents are the fault of the driver making the turn; oncoming traffic usually has the right of way. If you are hit and injured by someone making a left-hand turn, you should file a lawsuit against them.

In other cases, you may be the one making the left-hand turn. In certain scenarios you, as the driver, may not be at fault.

One example is when your view of oncoming traffic is obstructed. Let’s say you are driving in poor weather conditions such as snow or an ice storm. Because of the snow or sleet, you do not see the oncoming traffic before you make your left turn. If you can show the court this lack of visibility was the reason for the accident, you might not be liable for the accident.

Additionally, demonstrable problems with the road — either in its design or construction — might mean the group that made the roadway could be at fault. Any lawsuit may need to be filed against it.

In other cases, you may be able to show another driver is at fault for the accident even though you made the left-hand turn. For instance, if the driver of an oncoming vehicle is speeding. You need to prove the accident would not have occurred had the other driver been driving at normal speed.

Left-hand turn accident cases can be complex. The services of a knowledgeable and experienced attorney are your best option for a successful outcome for your case.

How W&L Can Help

Weitz & Luxenberg is very successful in accident and personal injury cases. With our help, clients were awarded millions in damages through verdicts and settlements. Some of our accomplishments include:

• Paralyzed for life from the chest down, our client was awarded $20.5 million with an additional $3 million in past and future medical expenses.
• Our elderly client suffered catastrophic injuries when run down on a Manhattan street by an ambulance. Our client was awarded $1.4 million.
• A workplace accident involving a negligently driven hi-lo amputated part of our client’s leg. Our client was awarded $2.96 million.

Updated May 2025

Large Truck Crash Statistics

“There were 13.65 fatal large truck crashes per million people in the United States in 2019, a 29-percent increase from 10.6 in 2010,” according to the Federal Motor Carrier Safety Administration (FMCSA). ⁽¹⁾

FMCSA says, “Of the approximately 510,000 police-reported crashes involving large trucks in 2019, there were 4,479 (1 percent) fatal crashes and 114,000 (29 percent) injury crashes.” ⁽²⁾

Accident statistics for some popular delivery companies are even more jarring.

FedEx Express and UPS Statistics

For example, consider the statistics for FedEx Express and UPS.

“In the 24-month period before Dec. 3 of this year, FedEx Express drivers were reported to have been involved in 1762 crashes, 575 involving injuries, including 41 deaths. From 2012, the number of crashes has increased by 254.5 percent; the number of injuries has increased by 192 percent; and the number of fatalities has increased by 273 percent,” according to a December 2017 Fox News report. ⁽³⁾

Fox News continues, “In the same period, UPS drivers were reported to have been involved in 2,003 crashes, 689 involving injuries, including 49 deaths. Since 2012, the number of crashes has increased by 38 percent; the number of injures has increased by 27 percent; and the number of fatalities has increased by 25.6 percent.” ⁽⁴⁾

Obviously, a large city like New York City (NYC) relies heavily on delivery trucks to move goods into, out of, and throughout the city. In fact, “90% of goods transported in the city everyday are on trucks,” says a city report on truck management. ⁽⁵⁾

NYC Truck Accidents

The NYC truck management report provides this snapshot of crashes and accidents involving trucks in the city: ⁽⁶⁾

• Crashes totaled 55,134 from 2003-2016. Of these, in 2,407 crashes people were killed or severely injured (KSI).
• The most incidents with pedestrian and cyclist KSIs occurred in Manhattan (42%), Brooklyn (29%), and Queens (18%).
• Of these pedestrian and cyclist KSI crashes, 67% occurred on designated truck routes.
• Almost 80% of KSI crashes occurred between 7 a.m. and 7 p.m.
• The top five truck types in KSI crashes are tractor trailers, delivery trucks, dump trucks, utility trucks, and tow trucks.

In an effort to avoid more delivery truck accidents, the causes of such accidents have been scrutinized by both governments and the insurance industry.

Causes of Delivery Truck Accidents

“Commercial and delivery trucks present unique dangers to smaller vehicles on the road,” says Charlotte Stories Newsletter, an online publication. ⁽⁷⁾

“Minor errors such as not signaling before passing can increase the risk for accidents, especially on highways where eighteen-wheeler trucks might be present at high speeds,” adds the Newsletter. ⁽⁸⁾

The Insurance Institute for Highway Safety (IIHS) notes, “Truck braking capability can be a factor in truck crashes.” ⁽⁹⁾ IIHS explains, “Loaded tractor-trailers take 20-40 percent farther than cars to stop, and the discrepancy is greater on wet and slippery roads or with poorly maintained brakes.” ⁽¹⁰⁾

Other accident causes include:

• Distracted driving. Drivers who spend long hours behind the wheel can become bored. This is especially true in rural areas where stopping points are fewer and further between. Eating, texting, adjusting controls, or reaching for something can take attention away from the road ahead, with deadly consequences. ⁽¹¹⁾
• Driver fatigue from long shifts. In 2019, 34% of deaths in large truck crashes occurred on interstates and freeways. Many truck drivers get tired because they exceed the 11-hour limit without stopping to rest they are allowed. IIHS research indicates many drivers disregard this regulation, especially if they have a tight schedule to meet. ⁽¹²⁾
• Improper cargo loading. A truck’s load can affect the vehicle’s performance, even causing it to topple over. Also, the load it is carrying can affect maneuverability. “Improperly loaded vehicles or those that exceed the weight rating will have a dramatic effect on performance. Steering, maneuverability, braking and acceleration are all affected.” ⁽¹³⁾
• Poor training. Commercial vehicle drivers must meet a required number of training hours. These requirements include maneuvering, driving during inclement weather, and how to adjust for various road conditions. Yet, drivers have been known to circumvent these requirements. Drivers who fail to comply put themselves and others on the road at risk. ⁽¹⁴⁾
• Speeding. Many delivery companies hold their drivers to strict schedules with very tight delivery times. Drivers who fear losing their jobs because of unmet delivery deadlines may choose to increase their speed beyond what is safe for their truck and the road conditions. ⁽¹⁵⁾

Drivers of delivery trucks and the companies they work for are responsible for maintaining trucks and equipment, following safety procedures, obeying traffic laws, complying with federal regulations, and meeting training requirements. Failure to do so makes them liable for injuries resulting from accidents.

Common Injuries from Delivery Truck Accidents

Among the common injuries sustained in delivery truck accidents are:

• Head injuries — There is “a vast array of injuries that occur to the scalp, skull, brain, and underlying tissue and blood vessels in the head.” ⁽¹⁶⁾ Traumatic brain injuries (TBI) are the result of a sudden physical impact causing damage. “The severity of a brain injury can range from a mild concussion to a severe injury that results in coma or even death,” Johns Hopkins Medicine explains. ⁽¹⁷⁾
• Spinal injuries — Vehicle crashes cause 37.5% of spinal cord injuries according to the National Spinal Cord Injury Statistical Center (NSCISC). The Center says, “the annual incidence of traumatic spinal cord injury (tSCI) is approximately 54 cases per one million people in the United States, which equals about 18,000 new tSCI cases each year.” ⁽¹⁸⁾
• Broken bones, fractures — Types of fractures include: a break going completely through the bone (complete), leaving a gap where it occurs (displaced), not going all the way through the bone (partial), and where the bone is cracked (stress). Additionally, bones may be shattered (comminuted), crushed (compressed), or driven together (impacted) by the force of the crash. ⁽¹⁹⁾ Perhaps the most serious is an open fracture where the bone penetrates the skin. This allows bacteria to enter and cause infection. “An open fracture is a surgical emergency,” according to the American Academy of Orthopedic Surgeons. ⁽²⁰⁾
• Burn injuries — Overall burn injury related hospitalizations totaled 40,000 in 2010; 30,000 of those admissions were to hospital burn centers) Between 2005 and 2014, 5% of all burn center admissions were for injuries occurring on our nation’s streets and highways according to the American Burn Association. ⁽²¹⁾
• Death —There were a total of 4,119 deaths in crashes involving trucks in 2019. “Ninety-seven percent of vehicle occupants killed in two-vehicle crashes involving a passenger vehicle and a large truck in 2019 were occupants of the passenger vehicles.” ⁽²²⁾

Legal Options

If you have been seriously injured in a delivery truck accident, you should consider all of your legal options.

Companies such as Amazon, FedEx, and UPS hire independent contractors to handle deliveries. This helps them avoid liability for accidents. Your case may be against the drivers and any contracting company they work for rather than Amazon, FedEx, or UPS.

In personal injury cases, legal responsibility for an accident (liability) entitles the “harmed party” to collect a monetary award (damages). ⁽²³⁾

There are two primary types of damages awarded: compensatory and punitive. Compensatory damages “are intended to compensate the injured party for loss or injury,” while punitive damages “are awarded to punish a wrongdoer.” ⁽²⁴⁾

Demonstrating liability to the court is complicated. The services of a knowledgeable and experienced attorney can prove invaluable.

How W&L Can Help

Weitz & Luxenberg has a long history of success in personal injury cases, as these examples illustrate:

• W&L won a major verdict in a hit-and-run case leaving our client paralyzed. He was awarded $20.5 million plus another $3 million for past and future medical expenses.
• W&L secured a $1.4 million settlement for our client who suffered catastrophic injuries after being struck by a city ambulance in Manhattan.
• W&L won a $2.96 million verdict for our client who lost part of his leg in a workplace incident due to the negligence of a coworker driving a hi-lo. Also relevant is the company had a workspace designed without adequate barriers for vehicles.

Bad Weather Accidents Kill People

According to the Federal Highway Administration (FHA), “Each year, 24 percent of weather-related vehicle crashes occur on snowy, slushy or icy pavement and 15 percent happen during snowfall or sleet. Over 1,300 people are killed and more than 116,800 people are injured in vehicle crashes on snowy, slushy or icy pavement annually.” ⁽¹⁾

Weather conditions also take a toll on accidents in New York City (NYC). According to one study, “poor winter road conditions” contributed to a 20% increase in crashes during November and December where pedestrians were killed or seriously injured. ⁽²⁾

Another NYC study underscores the point, indicating during “fall and winter months after daylight savings, crashes involving pedestrians dramatically increase, especially during evening hours.” ⁽³⁾

How Snowy and Icy Weather Impacts Traffic and Road Conditions

Obviously snow and ice impact the potential for serious accidents. According to the FHA, snow and ice affect traffic and road conditions in many ways:

“Snow and ice reduce pavement friction and vehicle maneuverability, causing slower speeds, reduced roadway capacity, and increased crash risk.” ⁽⁴⁾

“Average arterial speeds decline by 30 to 40 percent on snowy or slushy pavement.” ⁽⁵⁾

“Heavy snow and sleet can also reduce visibility.” ⁽⁶⁾

“Lanes and roads are obstructed by snow accumulation, which reduces capacity and increases travel time delay.” ⁽⁷⁾

Weather’s impact on traffic and road conditions provides insight on why there are an increased number of crashes during winter weather events.

Why Snow and Ice Accidents Occur

Winter weather conditions — snow, ice, and sleet — can create treacherous driving conditions and lead to more accidents. Here are a few reasons why this can occur:

• Poor braking leading to rear end crashes: Many drivers are quick to hit the brakes to stop their vehicles. This may be effective during normal weather conditions — when roadways are clear. However, during winter weather events it can cause rear end crashes — as a vehicle skids or spins out of control. ⁽⁸⁾
• Poor distancing or inattentiveness taking into consideration roadway conditions: A major cause of crashes is the failure of drivers to compensate for poor road conditions. Drivers need to continually adjust their driving to accommodate current conditions. They must remain alert and aware of other vehicles around them. Drivers rarely leave enough distance between their vehicle and others on the road. This is dangerous, because during inclement weather vehicles require more time and distance to safely come to a stop. ⁽⁹⁾
• Reduced visibility causing lane drifting: “Cold temperatures and snowstorms bring fog that makes it nearly impossible to see,” warns AccuWeather. ⁽¹⁰⁾ During low visibility conditions, lane markings on roadways may not be visible. Maintaining a safe lane space becomes more difficult and drivers can easily wander into the path of other vehicles on the roadway.
• Spinning out on slick roads: Losing control of a vehicle is easy to do on slick and slippery roads. For example, vehicles can spin out on the all-but-impossible-to-see black ice. This layer of transparent ice makes the roadway appear normal to drivers approaching it. Slick and slippery conditions require slower speeds to safely navigate the roadway. ⁽¹¹⁾

Injuries Sustained in Car Accidents

Serious snow and ice accidents can result in fatalities or other life-altering injuries. Car accidents can result in a wide range of severe injuries. Some of these injuries include:

• Broken bones or fractures — Broken bones require medical attention and can be quite serious. “The severity of a fracture usually depends on the force that caused the break…If the force is extreme, such as that caused by an automobile crash or gunshot, the bone may shatter,” says the American Academy of Orthopaedic Surgeons. ⁽¹²⁾
• Death — “Weather-related vehicle accidents kill more people annually than large-scale weather disasters,” says one report. ⁽¹³⁾
• Spinal injuries — “A traumatic spinal cord injury can stem from a sudden, traumatic blow to your spine that fractures, dislocates, crushes or compresses one or more of your vertebrae,” states the Mayo Clinic. ⁽¹⁴⁾ It goes on to say spinal injuries can lead to paralysis. “Incomplete” paralysis is when there is some movement and sensation, while “complete” is a total loss of feeling and motor function. ⁽¹⁵⁾
• Traumatic brain injury (TBI) — There were 69,000 TBI-related deaths in the U.S. in 2021, according to the Centers for Disease Control and Prevention (CDC). ⁽¹⁶⁾ An earlier study reports TBIs in the U.S. reached a total of 1,565,000. Additionally, researchers determined “the leading causes of TBI were falls and motor vehicle traffic.” ⁽¹⁷⁾
• Lacerations — “Lacerations are a pattern of injury in which skin and the underlying tissues are cut or torn.” ⁽¹⁸⁾ Lacerations vary in terms of location, depth, width, and length. When lacerations are serious, they may require surgery. These include: severe crush injuries, deep wounds or penetrating wounds of unknown depth; wounds with substantial concerns about cosmetic outcomes; and lacerations involving nerves, arteries, bones, or joints.

These injuries can be expensive and involve long recovery times. If someone has caused your injuries, you should seek compensation through legal action.

In your snow and ice accident lawsuit case, the court determines the party bearing legal responsibility (liability) for the accident. It awards damages for the harm done to you.

Liability of Snow and Ice Accidents Depends on Reasonable Precautions

Other drivers on the road have an obligation to take preventive actions to reduce the risk of an accident during poor weather conditions.

The driver who caused the accident can be held accountable. Insurance companies rarely blame an accident on ice or snow. Instead, they assume a reasonable driver would take precautions.

To win, you must show the court the other drivers did not take reasonable precautions to prevent the accident. Or they otherwise behaved negligently.

In making a determination, the court considers the “foreseeable likelihood that the person’s conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm.” ⁽¹⁹⁾

How W&L Can Help

Obviously, these cases can prove extremely complex. This is why you should choose an experienced attorney to represent you. A W&L attorney can help you achieve compensation for your injuries.

The W&L personal injury team is skilled and successful in handling vehicle accident cases. Just look at some of the results we achieved for our clients:

• $23.5 million awarded to our client paralyzed from the chest down in a hit-and-run car accident.
• $1.4 million settlement for our client struck by an ambulance in Manhattan.
• $2.96 million verdict for our client in a workplace accident involving a hi-lo and costing him part of his leg.

Colon Cancer Misdiagnosis Statistics

“In New York State, colorectal cancer (cancer of the colon and rectum) is one of the most frequently diagnosed cancers and the second leading cause of cancer deaths among all people combined. Each year, about 4,600 men and about 4,400 women are diagnosed with colorectal cancer and about 1,500 men and about 1,500 women in New York State die from this disease.” ⁽¹⁾

It “is the second-leading cause of cancer death in New York City, after lung cancer. It is most often found in people aged 45 and older.” ⁽²⁾

The likelihood of being diagnosed with colon cancer typically increases with age. However, it “has been increasing in New Yorkers under age 50.” ⁽³⁾

For people ages 45 to 49, the incidence rate is 31 per 100,000. For people ages 70 to 74, the incidence rate climbs to 159 per 100,000. The numbers among younger people are concerning. “About a third of colon cancer deaths in New York City are in people younger than 65.” ⁽⁴⁾

Need Early Detection of Colon Cancer

When detected early, colon cancer is “one of the most treatable forms of cancer.” ⁽⁵⁾ Health care providers are recommending colon cancer screening begin as young as age 45 or younger for those at average or increased risk.

“Although most colorectal cancer patients older than 50 are diagnosed in the early stages of disease, the new research revealed that most of the younger patients and survivors in the study, 71%, said they were diagnosed at the advanced stages of 3 and 4.” ⁽⁶⁾

It was discovered “for many younger patients, it took visits to multiple doctors before the correct diagnosis was made.” ⁽⁷⁾ It turns out, “Since the 1990s, the rate of colorectal cancer… has more than doubled among adults younger than 50. Not only that, but more younger people are dying from the disease.” ⁽⁸⁾

Colon Cancer Symptoms

Colon cancer starts in your large intestine, called the colon. The colon is the last part of your digestive tract.

Sometimes colon cancer is called colorectal cancer. Colorectal cancer refers to the combination of colon cancer and rectal cancer. This type of cancer begins in the rectum.

Signs and symptoms of colon cancer, according to the Mayo Clinic, include: ⁽⁹⁾

• A persistent change in your bowel habits, including diarrhea or constipation, or a change in the consistency of your stool.
• Rectal bleeding or blood in your stool.
• Persistent abdominal discomfort, such as cramps, gas, or pain.
• A feeling that your bowel doesn’t empty completely.
• Weakness or fatigue.
• Unexplained weight loss.

Colon cancer can be mistaken for other medical conditions. For example, “Colorectal cancer can seem a lot like some common gastrointestinal (GI) disorders, including hemorrhoids, irritable bowel syndrome (IBS), an infection, or inflammatory bowel diseases (IBD), such as Crohn’s disease or ulcerative colitis.” ⁽¹⁰⁾

What Qualifies as a Colon Cancer Misdiagnosis?

Reputable, responsible doctors should know some of the common signs of colon cancer —”blood in the stool, excessive diarrhea or constipation or bowel movement, fatigue, and/or rectal bleeding.” ⁽¹¹⁾ Even if a patient is young or doesn’t have classic signs or risk factors, “it is always important to screen for cancer.” ⁽¹²⁾

The grounds for a lawsuit against a doctor or medical facility for claims of cancer misdiagnosis or medical error can be:

• Fail to offer or recommend cancer screening.
• Fail to obtain a family history of colon cancer.
• Fail to properly perform a colonoscopy.

What Injuries Can You Suffer If Your Colon Cancer Is Misdiagnosed?

Identifying colon cancer in its early stages can make a huge difference in the overall prognosis. “In fact, only 40% of colon cancer cases are caught early.” But “in the early stages of cancer, the survival rate can be up to a staggering 90%!” ⁽¹³⁾

One possible consequence of misdiagnosis is the wrong treatment altogether. A doctor might prescribe the wrong medications or have you undergo unnecessary surgical procedures. These treatments can lead to further medical complications and even more problems.

Ultimately, if you have colon cancer and are misdiagnosed, your cancer could advance rapidly. You might develop inoperable cancer, your cancer could spread, and you could spend a lot of money on treatments that don’t help — and actually make everything worse.

Sadly, in worst case scenarios, you could die because you didn’t receive the right treatment in time.

How W&L Can Help

Weitz & Luxenberg has been around for a long time, nearly 40 years. We are located in the heart of Manhattan. Since day 1, we have made it our mission to help people harmed through the actions and inactions of others.

Through years of experience, we know New York laws — and the ins and outs of medical malpractice and wrongful death — in a way few law firms do. Plus, we have won verdicts and settlements of billions of dollars on our clients’ behalf.

Whatever your unique circumstances, we know we can help you. Here are just a few of our success stories:

• $1.1 million settlement — A 70-year-old man died because his gastroenterologist failed to inform him of his stage 1 colon cancer diagnosis. By the time our client learned he had colon cancer at an ER 17 months later, the cancer was advanced and treatment could not save his life.
• $2.35 million settlement — A young, single mother developed symptoms common with pancreatitis. She went to numerous hospitals looking for help as her condition grew worse. She did not receive a timely, correct diagnosis and the care she needed. She ultimately died of sepsis.
• $2.2 million settlement — A woman in her 30s had a tonsillectomy performed by a specialist. Just 10 days later, she reported to an ER complaining of a sore throat, saying she could not swallow. She was misdiagnosed and not treated appropriately. Within 48 hours of being released from the hospital, our client died from blood loss because her surgical wound had ruptured.
• $500,000 settlement — A woman’s uterus was irreparably damaged because multiple doctors and hospitals failed to diagnosis her intrauterine infection. Numerous mistakes and botched surgical procedures nearly killed her.

Distractions Kill People

Driving distractions can be talking to a passenger, or texting or speaking on a cell phone. Even adjusting the radio or temperature controls of the vehicle count as distractions.

Distracted driving has plagued U.S. roadways for many years and appears to be growing. The Centers for Disease Control and Prevention (CDC) data shows, in the U.S. in 2019, “over 3,100 people were killed and about 424,000 were injured in crashes involving a distracted driver.” ⁽¹⁾

And the National Highway Traffic Safety Administration (NHTSA) says 3,308 people lost their lives in distracted driving accidents in 2022. ⁽²⁾

This means roughly 200 more people died in distracted driving crashes in 2022 than in 2019. The trend in distracted driving deaths is rising.

Everyone Is At Risk

Even more shocking, it is not just drivers and passengers who are at risk. The CDC adds, “About 1 in 5 of the people who died in crashes involving a distracted driver in 2019 were not in vehicles―they were walking, riding their bikes, or otherwise outside a vehicle.” ⁽³⁾

Clearly, just being near a distracted driver can put you at risk for serious injury or death. And the statistics for New York are no less grim.

New York Statistics

The Institute for Traffic Safety Management Research (ITSMR), tracks crash data for New York. According to this nonprofit traffic research organization, New York data indicates: ⁽⁴⁾

• 2023 results show 381,306 crashes statewide: 113,576 resulted in personal injury and 1,022 involved fatalities.
• 2022 results show 391,040 crashes statewide: 110,345. resulted in personal injury and 1,092 involved fatalities.

While not all of these crashes can be attributed to distracted driving, a New York State Fact Sheet on Cell Phone Use underscore the danger of distracted driving. ⁽⁵⁾

According to police reports, cell phone use was a contributing factor in hundreds of fatal and personal injury crashes in New York. ⁽⁶⁾

The hazards of inattentive driving are evident. The causes of distracted driving are also readily identifiable.

Common Causes of Distracted Driving

Three types of distractions can cause accidents: ⁽⁷⁾

• Visual: taking eyes off the road. Drivers who are looking at their cell phone or at a passenger, rather than the road, are distracted. Adjusting controls for the radio, navigation system, or cabin temperature count as distractions when the driver’s eyes are not focused on the roadway.
• Manual: hands off the wheel. When drivers are eating while driving, they are distracted because their hands may not be on the steering wheel. If drivers are putting on makeup or combing their hair while driving, they are distracted. Anytime drivers’ hands leave the steering wheel, they have been distracted from the task of safe driving.
• Cognitive: mind off driving. When drivers are daydreaming or fall asleep while behind the wheel, they are distracted. Drivers can be distracted if they pay more attention to a conversation among passengers than to the roadway. Whenever drivers engage in any actions causing their mind to shift focus away from driving, they are distracted.

No matter the cause, distracted driver crash victims suffer a number of serious injuries.

Victim Injuries

“Arguably one of the most dangerous types of car accidents, distracted driving is a growing epidemic on American roads,” says the nonprofit DriveSafe Online. ⁽⁸⁾

Serious injuries sustained in crashes include:

• Death — Every day about nine people in the United States are killed “in crashes that are reported to involve a distracted driver,” according to the CDC. ⁽⁹⁾
• Traumatic brain injury — Car crashes are among the most common ways people suffer traumatic brain injuries. ⁽¹⁰⁾
• Spinal cord injury — One recent study concluded, “Car rollover was the most common mechanism of spinal fractures.” The study goes on to list, “problems in quality of driving” among the reasons. ⁽¹¹⁾
• Amputation — A “traumatic amputation” is the loss of a body part due to an accident of some kind, such as a car accident. According to one study, trauma amputations “account for an estimated 45% of the prevalent cases of limb loss.” ⁽¹²⁾
• Broken bones, fractures — These are common car accident injuries and can be very serious. One study found, “Sternal fractures occur most often in old cars to seat-belted drivers often without any airbag. Severe multiple rib fractures and lung contusion are concomitant injuries in more than 10% each, indicating the severity of the crash.” ⁽¹³⁾
• Lacerations — With this type of wound, the edges are jagged. Lacerations can also be classified as shear, tension, compression, or combination. Shear lacerations are caused by sharp objects. Tension lacerations are when the skin rips. In compression lacerations, skin is caught between the bone and an external object. Finally, “a combination of different types of lacerations” can happen. ⁽¹⁴⁾

The complexities of suing due to injuries from a distracted driving accident can be addressed with the help of an experienced attorney.

Legal Options

Each state has their own laws prohibiting distracted driving. State laws often specify distractions such as reading, texting, or holding a cell phone while driving.

For example, New York state law prohibits use of “a hand-held mobile telephone or portable electronic device while you drive. Illegal activity includes holding a portable electronic device and

• talking on a handheld mobile telephone
• composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages
• viewing, taking, or transmitting images
• playing games” ⁽¹⁵⁾

Distracted Driving Is Negligence

If you have suffered serious injuries in a distracted driving accident, your case may fall under negligence.

Negligence is a legal concept where a defendant (the party you are suing) is guilty if they did not show the same level of caution another person would have, under similar circumstances. ⁽¹⁶⁾

For your lawsuit to be successful, you must show the court the drivers caused the accident through their own negligent behavior. And the behavior led to your injury.

Example of Negligence

For example, a teenager is driving and fails to stop at a stop sign. He drives into a group of children standing at a bus stop. Your child suffers serious injuries from this accident.

An investigation reveals the driver failed to stop because he was texting on his cell phone at the time of the incident.

Under New York law, the driver was distracted. Your attorney needs to show the court his distracted behavior led directly to the accident and your child suffered serious injuries.

An experienced attorney knows how to gather the necessary evidence. This evidence is critical. It demonstrates to a court the connections between the distracted behavior of a driver, the accident occurring, and the injuries to you resulting from the accident.

Additionally, your attorney can help you deal with the insurance companies, navigate the legal process, and negotiate a settlement or take the case to trial.

How W&L Can Help

Weitz & Luxenberg attorneys have years of experience in negligence and personal injury cases. We have successfully represented clients in a variety of lawsuits, such as:

• Verdict: W&L won $20.5 million for our client paralyzed for life. He was riding in a car when it was struck by a stolen car. The driver of the stolen car fled the scene. W&L attorneys argued son of the car owner was driving the vehicle when it struck the car our client was in.
• Settlement: W&L secured a $1.4 million settlement for a woman run over by an ambulance while walking in a crosswalk on the streets of Manhattan. The elderly woman suffered a fractured pelvis, requiring surgery, and has lasting health issues from the accident.
• Verdict: W&L obtained a $2.96 million verdict for a laborer from Ecuador who lost his leg. The negligent driving of a co-worker caused the amputation of part of his leg. The company did not have adequate barriers in the area where the men were working.

Additionally, rear end collisions were 40.8% of all U.S. crashes with other vehicles. That is a whopping total of 3,680,000 crashes in 2022 alone. ⁽²⁾

A closer look at New York collision rates reveals the problem for New Yorkers.

New York Collision Rates

New York City (NYC) records indicate 252 people died on city roadways due to motor vehicle collisions in 2024. ⁽³⁾

City traffic accidents killed 259 New Yorkers in 2023, according to Transportation Alternatives. The nonprofit also reports, “Over the past decade, 2,412 New Yorkers have been killed in traffic violence.” ⁽⁴⁾

Additionally, the New York State Governor’s Traffic Safety Committee 2023 report notes crash data for people suffering serious injuries averaged 11,145.6 across the state in 2021. There were also an averaged 1,021.2 traffic fatalities. ⁽⁵⁾

Causes of Rear End Accidents

Just as with many accidents, a lot of rear end collisions are preventable. Understanding what causes rear end accidents is one step in the right direction.

As is true for many motor vehicle accidents, driver behavior is a significant factor in rear end accidents. Common causes of injury-causing and fatal crash accidents in NYC during November 2024 overall, for example, include:

• Distraction: There were 1,991 vehicles involved in crashes resulting in injury and fatalities where distraction was a contributing factor according to the NYC Police Department. ⁽⁶⁾ Distractions generally include talking, eating, use of cell phones, and texting while driving. ⁽⁷⁾
• Driver fatigue: There were 40 vehicles involved in fatal crashes due to drivers who experienced fatigue, drowsiness, or fell asleep at the wheel. ⁽⁸⁾
• Speeding: For 260 vehicles, unsafe speed was a contributing factor in crashes. This includes driving too fast for conditions, going over posted speed limits, or racing during the crash. ^{(9) (10)}
• Tailgating: Tailgating is following too closely. Almost 460 vehicles were involved in fatal crashes due to following too closely. ⁽¹¹⁾
• Weather: Adverse weather conditions are a contributing factor in many crashes. On average, weather was a factor in 21% of vehicle crashes between 2007 and 2019. ⁽¹²⁾

Potential Injuries

Injuries in rear end accidents can be very serious. They can range from broken bones to traumatic brain injuries to spinal injuries, and even death.

Here are a few of the serious injuries rear end accident victims can suffer:

• Death — The New York City Police Department’s citywide collision report for one month notes 22 fatal collisions. ⁽¹³⁾
• Spinal Injury — Vehicle crashes are a leading cause of these, accounting for 37.5% of spinal injuries since 2015. ⁽¹⁴⁾
• Traumatic brain injury (TBI) — Motor vehicle crashes are one of the most common causes of TBIs, says the Centers for Disease Control and Prevention. ⁽¹⁵⁾ The Mayo Clinic agrees that collisions are a common cause. ⁽¹⁶⁾
• Whiplash and neck injuries — Rear end collisions result in 85% of neck injuries sustained during car accidents. ⁽¹⁷⁾ “Whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip.” ⁽¹⁸⁾
• Lacerations — Lacerations are skin wounds caused by blunt trauma where none of the skin is missing. Treatment can include stitches. ⁽¹⁹⁾ Lacerations can be made more serious by infection. One study found, “Lacerations located on the head or neck were less likely to become infected compared with lacerations on the torso or an extremity… Contamination or tissue trauma requiring debridement was also associated with an increased risk of infection.” ⁽²⁰⁾
• Broken bones, fractures — “Back and spine fractures. These are fairly common in both head-on and rear-end collisions as the body is impacted by the seatbelt or airbag.” ⁽²¹⁾ Other common fractures sustained in car accidents include rib, sternum, and clavicle fractures; cranial and facial fractures; broken legs, and hand and wrist fractures. These fractures are due to the “way the force of a car accident impacts the body.” ⁽²²⁾

Liability

No matter the injuries, determining liability depends upon the accident circumstances. Usually, the driver of a car who hits another car is to blame for a rear-end accident.

Typically, the car behind hits the car in front because the driver did something wrong — got distracted, was following too closely, or was speeding. It may even be some combination of these.

But there is more to it than that, legally.

Often, these cases fall under negligence. Negligence is a legal concept applied to a person who fails to behave with the “same level of care” as someone with sound judgement would have, given similar circumstances. ⁽²³⁾

Negligence Causes Accidents

For example, let’s say you are stopped at a red light. A car behind you fails to stop and slams into you. An investigation reveals the teenaged driver was texting at the time of the accident.

If you were hurt in such an accident, you may be entitled to damages due to negligence. You must show the court the teenaged driver’s texting while driving created a situation where an accident was a foreseeable outcome. And your injuries were a direct result of the accident. ⁽²⁴⁾

A successful negligence case usually requires the services of an experienced attorney, like the legal team at Weitz & Luxenberg.

How W&L Can Help

W&L has years of success with auto accidents and other personal injury cases. Our attorneys have helped thousands of clients recover large sums. Look at these cases:

• A hit-and-run car accident left our client paralyzed from the chest down. The verdict was $20.5 million plus another $3 million for past and future medical expenses.
• Our client, a 75-year-old pedestrian, was struck by an ambulance on the streets of Manhattan. The settlement was $1.4 million.
• A 41-year-old laborer lost part of his leg after being struck by a hi-lo. It was negligently driven by a co-worker in a work area with inadequate barriers. The verdict was $2.96 million for our client.

Updated January 2025

Statistics on Injury and Death

In one New York City incident, two window washers were injured after they fell 20 feet because their scaffolding malfunctioned. ⁽¹⁾

A government agency analysis “lists 88 window cleaning accidents over a 15-year period, 62 of which resulted in fatalities,” according to HealthDay. ⁽²⁾

Most of these incidents were falls, but not all. Some involved electrocution or electrical shock when window washers came into contact with power lines. ⁽³⁾

Because window washing can be so dangerous, you should become familiar with the most common causes of accidents.

Causes of Window Washer Accidents

Based upon data gathered by the Occupational Safety and Health Administration (OSHA), the most common causes of window washer accidents are: ⁽⁴⁾

• Falls.
• Collapsed scaffold ladder.
• Equipment failure/misuse.
• Shock by overhead powerline.

Of these, falls were by far the leading cause of accidents.

“Recent investigations by NIOSH suggest that fatal falls occur as a result of defective scaffold equipment, improper installation or operation, improper training of workers, or a failure to use appropriate personal fall protection equipment,” adds the Centers for Disease Control and Prevention (CDC). ⁽⁵⁾

The International Window Cleaning Association (IWCA), in cooperation with OSHA, cautions fall hazards may include, “things such as scaffolds, skylights, and different roof levels when working at elevated heights, and things such as retaining walls, balconies, and unprotected holes when working on the ground.” ⁽⁶⁾

IWCA also identifies weather as a causal factor in accidents. Its guide cites extreme temperatures, windy conditions, and inclement weather as hazards. ⁽⁷⁾

Window washer accidents, no matter the cause, often result in fatalities or life-changing injuries.

Window Washer Accident Injuries

Injuries sustained in window washer accidents can result in traumatic injuries or death. This is especially true when falls are involved.

One study looked at the injury pattern for deceased victims of falls from heights in multiple circumstances. Researchers found, “Lacerations are mostly on the head… Subarachnoid haemorrhage is the commonest intracranial lesion.” ⁽⁸⁾

Other common fall injuries include:

• Broken bones, fractures — “Lacerations are mostly on the head and skull fractures are evenly distributed between the vertex, base and vertex plus base…Fractures of ribs and cervical vertebrae are common.” ⁽⁹⁾
• Traumatic brain injury — TBI is caused by a force disrupting normal brain function. “Approximately 60,000 TBI-related deaths occurred in 2016, and deaths increased to over 61,000 in 2017.” ⁽¹⁰⁾
• Spinal injury — “The most deadly spinal fractures were cervical fractures…Spinal fractures had a significant… effect on mortality.” ⁽¹¹⁾
• Shock — “Shock is a critical condition brought on by the sudden drop in blood flow through the body. Shock may result from trauma” ⁽¹²⁾ including contact with power lines
• Death — “Fatal work-related falls to a lower level increased 26 percent from 2011 to 2016…Over the 6-year period, there were 3,723 fatal falls to a lower level.” ⁽¹³⁾

After your life-changing accident, you may want to discuss your legal options with an attorney who can help determine your next steps.

Legal Options

Most accident lawsuits are personal injury cases. In these cases, the legal concept of negligence typically applies. To win damages, the plaintiff (person suing) must show the court the defendant (person or company being sued) was negligent.

Negligence is defined as “an individual’s failures to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” ⁽¹⁴⁾

Fall from a Scaffold

For example, if you are about to wash windows on a high rise building, you need a scaffold. It would be wise to be certain the scaffold is stable and in good repair before you use it.

Suppose you check the scaffold and find cracked pulleys and frayed suspension lines. Yet, your supervisor insists these are not badly cracked or frayed and it is the only scaffold available. He tells you to use it anyway.

When you do, the pulleys and suspension lines give way, and you start to slip. As you are trying to catch yourself, your weight shifts. The uneven weight distribution causes the scaffold to tip over, the lines snap, and you fall and are seriously injured.

Fall Due to Negligence

Negligent coworkers, and businesses, can be held responsible when workers are injured on job sites.

In this example, your supervisor may be negligent. A scaffold, or its parts, in poor condition should never have been used.

Your supervisor may be responsible for knowing the equipment was too damaged and telling you to use it anyway. If your supervisor did not receive the proper training about what is considered usable equipment, the company employing you both may also be legally negligent.

Fall Due to Product Liability

However, let’s say the scaffold pulleys and suspension lines are in good repair, but the scaffold platform gives way while you are on it. This might be due to a defect in the scaffold itself or in the materials used to make the scaffold.

This would be a defective product liability lawsuit. Manufacturers bear responsibility for faulty equipment and products. So, the manufacturer of the scaffold could be held accountable for your injuries. Or the company responsible for providing the materials used to construct it.

What To Do If You Are Injured in a Window Washing Accident

After you have sought medical attention, your next step should be to contact an attorney.

Your attorney investigates your claims and reviews your medical records. Your attorney wants to know what medical treatments you received and looks at your medical bills to see how much those treatments cost.

Next, your attorney makes a demand in an attempt to negotiate a settlement with the other party’s insurance company. If a settlement cannot be reached, your attorney files a lawsuit on your behalf and represents you in court.

It is important for you to have an experienced attorney representing you in order to get the best possible outcome for your case. Personal injury cases can be complicated, and negligence can be difficult to prove. An experienced attorney is able to successfully manage the details of your case.

How W&L Can Help

Weitz & Luxenberg has an experienced personal injury team with a record of successful outcomes for our clients. These are some examples:

• $2.96 million in a workplace accident case for a non-English speaker. The negligence of a co-worker driving a hi-lo cost our client part of his leg. This is because the area where the men were working did not have adequate barriers.
• $10 million in an accident for a teenaged boy on a school field trip. The boy lost sight in one eye when a negligently designed bungee cord snapped.
• Confidential multimillion dollar settlement for a man who sustained a traumatic brain injury after a 25-foot fall from an apartment building. The second story walkway lacked any fencing along its outer edge.

Scaffolding Falls and Construction

Scaffolding is most often used in the construction industry. According to the U.S. Occupational Safety and Health Administration (OSHA) “2.3 million construction workers, or 65 percent of the construction industry, work on scaffolds.” ⁽¹⁾

“The Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI) reported 61 fatalities occurred in the year 2018 from scaffolds, staging.” ⁽²⁾ Scaffolding related incidents cause “4,500 injuries and over 60 deaths every year,” indicates the BLS. ⁽³⁾

“Falls from scaffolds are the third leading cause of construction falls,” according to The Center for Construction Research and Training (CPWR). ⁽⁴⁾

N.Y. Scaffolding Injuries and Fatalities

Unfortunately, scaffolding injuries and deaths are common occurrences in New York. There were 29 construction deaths due to slips, trips, and falls in New York state from 2019-2020, says CPWR. ⁽⁵⁾

“In New York City; falls, slips, and trips resulted in 24 fatal work injuries… Worker deaths from falls, slips, and trips were up from 17 in 2018,” indicate BLS statistics for 2019. ⁽⁶⁾

“The construction and extraction occupational group had the highest number of workplace fatalities with 29,” also notes BLS. ⁽⁷⁾

The hazardous nature of scaffold accidents warrants closer attention to what causes them.

Causes of Scaffold Accidents

“Falls from scaffolds occur when the scaffold collapses due to instability and/or overloading, a worker is struck by falling tools, work materials, or debris, a worker is electrocuted due to the proximity of the scaffold to overhead power lines, and/or there is a lack of fall protection,” says CPWR. ⁽⁸⁾

Here are more details about the causes of scaffold accidents:

• Support gives way due to defective equipment or improper assembly. A trained person fails to inspect equipment and components for defects before work shifts — or after any occurrence affecting the structural integrity of the scaffold. ⁽⁹⁾
• Slips, trips, and falls: These caused 26% of the total fatal occupational injuries occurring in New York City in 2019. ⁽¹⁰⁾
• Lack of fall protection. “Each year, falls consistently account for the greatest number of fatalities in the construction industry.” Absence of guardrail systems, personal fall arrest systems, safety nets, covers, and restraint systems can lead to injuries and fatalities. ⁽¹¹⁾
• Objects falling from scaffold. Contact with objects and equipment resulted in 19% of the total fatal occupational injuries in NYC the same year. ⁽¹²⁾
• Environmental conditions. Injuries from exposure to harmful substances or weather were responsible for another 19% of occupational fatalities. ⁽¹³⁾
• Overloading leading to collapse. Scaffolds “must not be loaded in excess of their maximum intended loads or rated capacities, whichever is less.” ⁽¹⁴⁾
• Electrocution due to proximity to power lines. Failure to identify and note the location of all overhead electrical power lines can cause injuries or deaths. Scaffolds placed within 10 feet of power lines may be hazardous. ⁽¹⁵⁾

A scaffold accident can lead to a wide range of injuries, including traumatic ones.

Common Injuries

Among the most common serious injuries resulting from a scaffold accident fall are:

• Traumatic brain injury (TBI). According to one study, “Among all age groups, falls can cause serious injury and are the second leading cause of traumatic brain injury (TBI)–related deaths…The national age-adjusted rate of fall-related TBI deaths increased by 17% from 2008 to 2017.” ⁽¹⁶⁾
• Spinal cord injury. Falls accounted for 32% of spinal cord injuries, which ranks 2nd in causes of spinal cord injury, according to the National Spinal Cord Injury Statistical Center. ⁽¹⁷⁾
• Paralysis. In the U.S., 27.3% of the cases of those living with paralysis were caused by spinal cord injury. Out of more than a million valid survey responses from people living with paralysis, over 166,000 reported a fall as the cause of their paralysis. ⁽¹⁸⁾
• Organ damage. According to research, “Fall from height causes inter alia blunt chest trauma, and internal organs contusion (e.g. heart and lungs), and may be fatal to substantial number of trauma victims.” ⁽¹⁹⁾
• Broken bones. Often broken bones are considered a less serious fall injury, yet they can be very serious. Bone fractures can become serious injuries if they break the skin (called a compound or open fracture). These are often subject to infections or other complications. ⁽²⁰⁾
• Contusions, bruising, lacerations. “A contusion or bruise signifies hemorrhage… It is usually the result of a blow or squeeze that crushes the soft tissues and ruptures blood vessels but does not break the skin…A laceration is a tear produced by blunt trauma. The force and direction determine appearance, depth, and associated injuries such as fractures.” ⁽²¹⁾

While the people working on the scaffolding are most likely to be injured, passersby and people near the scaffolding are also at risk from falling objects or collapse.

Legal Options

If you have suffered a serious scaffold injury, or a loved one has died, you should carefully consider your legal options. An attorney can help you determine any steps you should take.

Scaffold accidents may fall under negligence. Negligence is the legal concept someone (a person or business) has failed to act with the same “level of care that someone of ordinary prudence” would have under similar circumstances. ⁽²²⁾

The concept hinges on convincing the court how the defendants you are suing owed you a “duty of care” and they breached their duty in some way. This breach could be through their actions or failure to act. ⁽²³⁾

You must prove to the court the party you are suing was negligent and their negligence caused your injuries.

Who Is at Fault?

For example, you are a construction worker who gets hurt. You are on a scaffold and you trip over a bump in the flooring. The scaffold has no guardrails. You fall 20 feet to the ground. Unfortunately, the fall paralyzes you.

Or you are walking down the block on your way to lunch. At one point, you pass under scaffolding being used while workers are overhead. As you move under it, the scaffolding gives way and collapses on top of you. You are rushed to the hospital because you are severely injured on your head and suffer a traumatic brain injury.

Who’s fault is your injury?

The company installing the scaffold may be responsible for failing to put it up correctly. The building owners may be held accountable for failing to maintain the scaffolding properly. If the scaffold fell because it was made defectively, the manufacturer could be the party you need to sue. Or it could be the company you work for, because they didn’t give you appropriate safety training or necessary equipment.

Such cases can be very complex. This is why we recommended the services of an experienced attorney. Here at W&L we have an entire team of personal injury attorneys ready to assist clients.

How W&L Helps

W&L has years of experience helping clients with their injury cases. Cases like these examples illustrate our successful representation of our clients:

• Verdict of $2.96 million: A hi-lo, negligently driven by a coworker, cost a non-English speaking Ecuadorian worker part of his leg. Also, the pit the men were working in at the time was improperly designed because it lacked adequate barriers.
• Multimillion dollar settlement: A 30-year-old man fell 25 feet from a second story apartment building walkway while intoxicated. He suffered a traumatic brain injury because the building owner had not installed a fence along the walkway’s outer edge.